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- Title
Reforming the Israeli High Court of Justice: Proposed versus Desirable.
- Authors
Segev, Joshua
- Abstract
Constitutional courts are expected to operate under certain conditions (independence, transparency, democratic pedigree) and to resolve controversies in accordance with legal rules, principles and procedures. When these expectations are repeatedly frustrated, the legitimacy of the court is damaged and it is perceived as a partisan institution. This article discusses four structural problems in the operation of the Israeli High Court of Justice, which have contributed significantly to the Court's current legitimacy crisis: fact-finding, panel composition, standing, and judicial selection. The article examines the governmental reform plan with regard to these structural problems and proposes practical solutions for each of the problems.
- Subjects
ISRAEL; COURTS; JUDICIAL reform; CONSTITUTIONAL courts; CONSTITUTIONAL law; REFORMS
- Publication
Israel Law Review (Cambridge University Press), 2023, Vol 56, Issue 3, p440
- ISSN
0021-2237
- Publication type
Article
- DOI
10.1017/S0021223723000237